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GUSTAFSON v. ND DEPT. OF HUMAN SERVICES

No. 20050390.

712 N.W.2d 599 (2006)

2006 ND 75

John L. GUSTAFSON, Petitioner and Appellant, v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, Respondent and Appellee.

Supreme Court of North Dakota.

April 19, 2006.

Attorney(s) appearing for the Case

Damian J. Huettl (argued) and Gregory C. Larson (on brief), Wheeler Wolf, Bismarck, N.D., for petitioner and appellant.

Jean R. Mullen, Assistant Attorney General, Office of Attorney General, Bismarck, N.D., for respondent and appellee.

CROTHERS, Justice.

[¶ 1] John L. Gustafson appeals from a district court judgment affirming the decision of the Department of Human Services ("the Department") that he is ineligible for Medicaid medical assistance. We reverse and remand with instruction.

I

[¶ 2] Mr. Gustafson was admitted to a full-time skilled nursing care facility on September 4, 2003. The next day, Mr. Gustafson's wife purchased...

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